{"id":"F2018L00290","name":"Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018","slug":"migration-immi-18-038-sponsorship-applications-and-nominations-for-subclasses-407-457-and-482-visas-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99921,"registerId":"commonwealth-F2018L00290-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018.\n  (2) This instrument may be cited as IMMI 18/038.\n\n#### 2 Commencement\n\n  (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:5.35pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement information</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 3</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style=\"width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style=\"width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span><span> </span><span>March 2018</span></p></td><td style=\"width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span></span></p></td></tr></tbody></table>\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n  (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions in the Migration Regulations 1994:\n\n  subparagraph 2.61(3A)(b)(i);\n  subparagraph 2.61(3A)(b)(ii);\n  paragraph 2.61(3A)(c);\n  paragraph 2.61(3A)(ba);\n  paragraph 2.61(3B)(a);\n  subregulation 2.66(3);\n  subregulation 2.66(4);\n  paragraph 2.66(5)(a);\n  subregulation 2.73(4);\n  subregulation 2.73(5);\n  paragraph 2.73(7)(a); and\n  subregulation 2.73A(2).\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (a) Internet application; and\n    (b) standard business sponsor.\n  In this instrument:\n\n> Act means the Migration Act 1958.\n\n> Department means the Department of Home Affairs.\n\n> affected visa applicant, in relation to an application for approval as a sponsor, means a visa applicant or visa holder whom the person applying for approval intends to nominate if they are approved as a sponsor.\n\n> officer has the meaning given by subsection 5(1) of the Act.\n\n> Regulations means the Migration Regulations 1994.\n\n> unlawful non-citizen has the meaning given by section 14 of the Act.\n\n#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n  \n\n#### Part 2 —Sponsorship applications – standard business sponsor\n\n#### 6 Form and fee for application for approval as a standard business sponsor\n\n  (1) For the purposes of subparagraph 2.61(3A)(b)(i) of the Regulations, approved Form 482SR (Internet) is specified.\n  (2) For the purposes of subparagraph 2.61(3A)(b)(ii) of the Regulations, approved Form 482S (Internet) is specified.\n  (3) For the purposes of paragraph 2.61(3A)(c) of the Regulations, the specified fee for an application for an approval as a standard business sponsor is $420.\n\n#### 7 Different way of making an application for approval as a standard business sponsor\n\n  (1) For the purposes of subregulation 2.61(3B) of the Regulations, subsection (2) specifies the way, and the circumstances in which, an application for approval as a standard business sponsor may be made.\n  (2) If subsection (3) or (4) applies and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au; then the applicant may make an application by:\n\n    using the approved Form 482S, as provided with the authorising email; and\n    emailing the completed application form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email sent by the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 3 —Sponsorship applications and applications for variation of approval – temporary activities sponsor\n\n#### 8 Form and fee for application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of paragraph 2.61(3A)(ba) and subregulation 2.66(3) of the Regulations, approved Form 1478 (Internet) is specified.\n  (2) For the purposes of paragraph 2.61(3A)(c) and subregulation 2.66(4) of the Regulations, the specified fee for an application for an approval as a temporary activities sponsor, or a variation of a term of an approval as a temporary activities sponsor, is $420.\n\n#### 9 Different way of making an application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of subregulation 2.61(3B) and subregulation 2.66(5), subsection (2) specifies the way and the circumstances in which, an application for approval as a temporary activities sponsor, or for a variation of a term of an approval as a temporary activities sponsor, may be made, and the form for making such an application.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by email from an email address recognised by the Department as an official departmental email address, then the applicant may make an application:\n\n  using approved Form 1478, as provided with the authorising email; and\n  in accordance with the directions in the authorising email, by the end of the day after the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n  Part 4 —Nomination of an occupation for a subclass 457 and a subclass 482 visa\n\n#### 10 Form and fee for nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(4) of the Regulations, approved Form 482N (Internet) is specified.\n  (2) For the purposes of subregulation 2.73(5) of the Regulations, the specified fee is $330.\n\n#### 11 Different way of making a nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(7) of the Regulations, subsection (2) specifies the way and the circumstances in which, a nomination of an occupation may be made.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make a nomination in accordance with this subsection and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au, then the applicant may instead make a nomination by:\n\n    using approved Form 482N, as provided with the authorising email; and\n    emailing the completed nomination form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email from the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an internet application for nomination; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) the nominee referred to in subregulation 2.73 of the Regulations will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s Internet application systems and the applicant is unable to make a internet application for nomination as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 5 —Process for nomination of a program of occupational training for a subclass 407 visa\n\n#### 12 Process for nomination of a program of occupational training (Subclass 407)\n\n  (1) For the purposes of subregulation 2.73A(2) of the Regulations, subsections (2) to (5) specify the process for nominating a program of occupational training.\n\n  Subject to subsections (3) and (4), for the purposes of 2.73A(3)(a) of the Regulations, a nomination must be made as an Internet application using approved Form 1479N (Internet).\n  If an officer has, by email sent from an email address recognised by the Department as an official departmental email address, authorised a person (the applicant) to make a nomination in accordance with this subsection, the applicant may instead make a nomination by:\n\n    for the purposes of 2.73(3)(a) of the Regulations, using approved Form 1479N; and\n    making a nomination, in accordance with the directions by the Department in the authorising email, by the end of the day after the day the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n    If the applicant is outside Australia, a nomination must be made in accordance with subsection (2) or (3), or by using approved Form 1479N and making a nomination at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth.\n    For the purposes of paragraph 2.73A(3)(b) of the Regulations, the fee which must accompany the nomination is $170.\n\n    .\n\n  \n\nPart 6 —Application\n\n#### 13 Application of this instrument\n\n  This instrument applies to applications and nominations made on or after the commencement of this instrument.\n\n  \n\nSchedule 1—Repeals\n\nForms, Fees, Circumstances and Different Way of Making an Application – IMMI 13/063\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018.\n  (2) This instrument may be cited as IMMI 18/038.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:5.35pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement information</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 3</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style=\"width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style=\"width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span><span> </span><span>March 2018</span></p></td><td style=\"width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span></span></p></td></tr></tbody></table>\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n  (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the following provisions in the Migration Regulations 1994:\n\n  subparagraph 2.61(3A)(b)(i);\n  subparagraph 2.61(3A)(b)(ii);\n  paragraph 2.61(3A)(c);\n  paragraph 2.61(3A)(ba);\n  paragraph 2.61(3B)(a);\n  subregulation 2.66(3);\n  subregulation 2.66(4);\n  paragraph 2.66(5)(a);\n  subregulation 2.73(4);\n  subregulation 2.73(5);\n  paragraph 2.73(7)(a); and\n  subregulation 2.73A(2).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (a) Internet application; and\n    (b) standard business sponsor.\n  In this instrument:\n\n> Act means the Migration Act 1958.\n\n> Department means the Department of Home Affairs.\n\n> affected visa applicant, in relation to an application for approval as a sponsor, means a visa applicant or visa holder whom the person applying for approval intends to nominate if they are approved as a sponsor.\n\n> officer has the meaning given by subsection 5(1) of the Act.\n\n> Regulations means the Migration Regulations 1994.\n\n> unlawful non-citizen has the meaning given by section 14 of the Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"section","heading":"Sponsorship applications — standard business sponsor","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018.\n  (2) This instrument may be cited as IMMI 18/038.\n\n#### 2 Commencement\n\n  (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:5.35pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement information</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 3</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style=\"width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style=\"width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span><span> </span><span>March 2018</span></p></td><td style=\"width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span></span></p></td></tr></tbody></table>\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n  (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions in the Migration Regulations 1994:\n\n  subparagraph 2.61(3A)(b)(i);\n  subparagraph 2.61(3A)(b)(ii);\n  paragraph 2.61(3A)(c);\n  paragraph 2.61(3A)(ba);\n  paragraph 2.61(3B)(a);\n  subregulation 2.66(3);\n  subregulation 2.66(4);\n  paragraph 2.66(5)(a);\n  subregulation 2.73(4);\n  subregulation 2.73(5);\n  paragraph 2.73(7)(a); and\n  subregulation 2.73A(2).\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (a) Internet application; and\n    (b) standard business sponsor.\n  In this instrument:\n\n> Act means the Migration Act 1958.\n\n> Department means the Department of Home Affairs.\n\n> affected visa applicant, in relation to an application for approval as a sponsor, means a visa applicant or visa holder whom the person applying for approval intends to nominate if they are approved as a sponsor.\n\n> officer has the meaning given by subsection 5(1) of the Act.\n\n> Regulations means the Migration Regulations 1994.\n\n> unlawful non-citizen has the meaning given by section 14 of the Act.\n\n#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n  \n\n#### Part 2 —Sponsorship applications – standard business sponsor\n\n#### 6 Form and fee for application for approval as a standard business sponsor\n\n  (1) For the purposes of subparagraph 2.61(3A)(b)(i) of the Regulations, approved Form 482SR (Internet) is specified.\n  (2) For the purposes of subparagraph 2.61(3A)(b)(ii) of the Regulations, approved Form 482S (Internet) is specified.\n  (3) For the purposes of paragraph 2.61(3A)(c) of the Regulations, the specified fee for an application for an approval as a standard business sponsor is $420.\n\n#### 7 Different way of making an application for approval as a standard business sponsor\n\n  (1) For the purposes of subregulation 2.61(3B) of the Regulations, subsection (2) specifies the way, and the circumstances in which, an application for approval as a standard business sponsor may be made.\n  (2) If subsection (3) or (4) applies and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au; then the applicant may make an application by:\n\n    using the approved Form 482S, as provided with the authorising email; and\n    emailing the completed application form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email sent by the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 3 —Sponsorship applications and applications for variation of approval – temporary activities sponsor\n\n#### 8 Form and fee for application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of paragraph 2.61(3A)(ba) and subregulation 2.66(3) of the Regulations, approved Form 1478 (Internet) is specified.\n  (2) For the purposes of paragraph 2.61(3A)(c) and subregulation 2.66(4) of the Regulations, the specified fee for an application for an approval as a temporary activities sponsor, or a variation of a term of an approval as a temporary activities sponsor, is $420.\n\n#### 9 Different way of making an application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of subregulation 2.61(3B) and subregulation 2.66(5), subsection (2) specifies the way and the circumstances in which, an application for approval as a temporary activities sponsor, or for a variation of a term of an approval as a temporary activities sponsor, may be made, and the form for making such an application.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by email from an email address recognised by the Department as an official departmental email address, then the applicant may make an application:\n\n  using approved Form 1478, as provided with the authorising email; and\n  in accordance with the directions in the authorising email, by the end of the day after the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n  Part 4 —Nomination of an occupation for a subclass 457 and a subclass 482 visa\n\n#### 10 Form and fee for nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(4) of the Regulations, approved Form 482N (Internet) is specified.\n  (2) For the purposes of subregulation 2.73(5) of the Regulations, the specified fee is $330.\n\n#### 11 Different way of making a nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(7) of the Regulations, subsection (2) specifies the way and the circumstances in which, a nomination of an occupation may be made.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make a nomination in accordance with this subsection and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au, then the applicant may instead make a nomination by:\n\n    using approved Form 482N, as provided with the authorising email; and\n    emailing the completed nomination form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email from the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an internet application for nomination; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) the nominee referred to in subregulation 2.73 of the Regulations will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s Internet application systems and the applicant is unable to make a internet application for nomination as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 5 —Process for nomination of a program of occupational training for a subclass 407 visa\n\n#### 12 Process for nomination of a program of occupational training (Subclass 407)\n\n  (1) For the purposes of subregulation 2.73A(2) of the Regulations, subsections (2) to (5) specify the process for nominating a program of occupational training.\n\n  Subject to subsections (3) and (4), for the purposes of 2.73A(3)(a) of the Regulations, a nomination must be made as an Internet application using approved Form 1479N (Internet).\n  If an officer has, by email sent from an email address recognised by the Department as an official departmental email address, authorised a person (the applicant) to make a nomination in accordance with this subsection, the applicant may instead make a nomination by:\n\n    for the purposes of 2.73(3)(a) of the Regulations, using approved Form 1479N; and\n    making a nomination, in accordance with the directions by the Department in the authorising email, by the end of the day after the day the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n    If the applicant is outside Australia, a nomination must be made in accordance with subsection (2) or (3), or by using approved Form 1479N and making a nomination at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth.\n    For the purposes of paragraph 2.73A(3)(b) of the Regulations, the fee which must accompany the nomination is $170.\n\n    .\n\n  \n\nPart 6 —Application\n\n#### 13 Application of this instrument\n\n  This instrument applies to applications and nominations made on or after the commencement of this instrument.\n\n  \n\nSchedule 1—Repeals\n\nForms, Fees, Circumstances and Different Way of Making an Application – IMMI 13/063\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Form and fee for application for approval as a standard business sponsor","content":"#### 6 Form and fee for application for approval as a standard business sponsor\n\n  (1) For the purposes of subparagraph 2.61(3A)(b)(i) of the Regulations, approved Form 482SR (Internet) is specified.\n  (2) For the purposes of subparagraph 2.61(3A)(b)(ii) of the Regulations, approved Form 482S (Internet) is specified.\n  (3) For the purposes of paragraph 2.61(3A)(c) of the Regulations, the specified fee for an application for an approval as a standard business sponsor is $420.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Different way of making an application for approval as a standard business sponsor","content":"#### 7 Different way of making an application for approval as a standard business sponsor\n\n  (1) For the purposes of subregulation 2.61(3B) of the Regulations, subsection (2) specifies the way, and the circumstances in which, an application for approval as a standard business sponsor may be made.\n  (2) If subsection (3) or (4) applies and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au; then the applicant may make an application by:\n\n    using the approved Form 482S, as provided with the authorising email; and\n    emailing the completed application form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email sent by the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"section","heading":"Sponsorship applications and applications for variation of approval — temporary activities sponsor","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018.\n  (2) This instrument may be cited as IMMI 18/038.\n\n#### 2 Commencement\n\n  (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:5.35pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement information</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 3</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style=\"width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style=\"width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span><span> </span><span>March 2018</span></p></td><td style=\"width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span></span></p></td></tr></tbody></table>\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n  (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions in the Migration Regulations 1994:\n\n  subparagraph 2.61(3A)(b)(i);\n  subparagraph 2.61(3A)(b)(ii);\n  paragraph 2.61(3A)(c);\n  paragraph 2.61(3A)(ba);\n  paragraph 2.61(3B)(a);\n  subregulation 2.66(3);\n  subregulation 2.66(4);\n  paragraph 2.66(5)(a);\n  subregulation 2.73(4);\n  subregulation 2.73(5);\n  paragraph 2.73(7)(a); and\n  subregulation 2.73A(2).\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (a) Internet application; and\n    (b) standard business sponsor.\n  In this instrument:\n\n> Act means the Migration Act 1958.\n\n> Department means the Department of Home Affairs.\n\n> affected visa applicant, in relation to an application for approval as a sponsor, means a visa applicant or visa holder whom the person applying for approval intends to nominate if they are approved as a sponsor.\n\n> officer has the meaning given by subsection 5(1) of the Act.\n\n> Regulations means the Migration Regulations 1994.\n\n> unlawful non-citizen has the meaning given by section 14 of the Act.\n\n#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n  \n\n#### Part 2 —Sponsorship applications – standard business sponsor\n\n#### 6 Form and fee for application for approval as a standard business sponsor\n\n  (1) For the purposes of subparagraph 2.61(3A)(b)(i) of the Regulations, approved Form 482SR (Internet) is specified.\n  (2) For the purposes of subparagraph 2.61(3A)(b)(ii) of the Regulations, approved Form 482S (Internet) is specified.\n  (3) For the purposes of paragraph 2.61(3A)(c) of the Regulations, the specified fee for an application for an approval as a standard business sponsor is $420.\n\n#### 7 Different way of making an application for approval as a standard business sponsor\n\n  (1) For the purposes of subregulation 2.61(3B) of the Regulations, subsection (2) specifies the way, and the circumstances in which, an application for approval as a standard business sponsor may be made.\n  (2) If subsection (3) or (4) applies and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au; then the applicant may make an application by:\n\n    using the approved Form 482S, as provided with the authorising email; and\n    emailing the completed application form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email sent by the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 3 —Sponsorship applications and applications for variation of approval – temporary activities sponsor\n\n#### 8 Form and fee for application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of paragraph 2.61(3A)(ba) and subregulation 2.66(3) of the Regulations, approved Form 1478 (Internet) is specified.\n  (2) For the purposes of paragraph 2.61(3A)(c) and subregulation 2.66(4) of the Regulations, the specified fee for an application for an approval as a temporary activities sponsor, or a variation of a term of an approval as a temporary activities sponsor, is $420.\n\n#### 9 Different way of making an application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of subregulation 2.61(3B) and subregulation 2.66(5), subsection (2) specifies the way and the circumstances in which, an application for approval as a temporary activities sponsor, or for a variation of a term of an approval as a temporary activities sponsor, may be made, and the form for making such an application.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by email from an email address recognised by the Department as an official departmental email address, then the applicant may make an application:\n\n  using approved Form 1478, as provided with the authorising email; and\n  in accordance with the directions in the authorising email, by the end of the day after the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n  Part 4 —Nomination of an occupation for a subclass 457 and a subclass 482 visa\n\n#### 10 Form and fee for nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(4) of the Regulations, approved Form 482N (Internet) is specified.\n  (2) For the purposes of subregulation 2.73(5) of the Regulations, the specified fee is $330.\n\n#### 11 Different way of making a nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(7) of the Regulations, subsection (2) specifies the way and the circumstances in which, a nomination of an occupation may be made.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make a nomination in accordance with this subsection and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au, then the applicant may instead make a nomination by:\n\n    using approved Form 482N, as provided with the authorising email; and\n    emailing the completed nomination form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email from the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an internet application for nomination; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) the nominee referred to in subregulation 2.73 of the Regulations will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s Internet application systems and the applicant is unable to make a internet application for nomination as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 5 —Process for nomination of a program of occupational training for a subclass 407 visa\n\n#### 12 Process for nomination of a program of occupational training (Subclass 407)\n\n  (1) For the purposes of subregulation 2.73A(2) of the Regulations, subsections (2) to (5) specify the process for nominating a program of occupational training.\n\n  Subject to subsections (3) and (4), for the purposes of 2.73A(3)(a) of the Regulations, a nomination must be made as an Internet application using approved Form 1479N (Internet).\n  If an officer has, by email sent from an email address recognised by the Department as an official departmental email address, authorised a person (the applicant) to make a nomination in accordance with this subsection, the applicant may instead make a nomination by:\n\n    for the purposes of 2.73(3)(a) of the Regulations, using approved Form 1479N; and\n    making a nomination, in accordance with the directions by the Department in the authorising email, by the end of the day after the day the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n    If the applicant is outside Australia, a nomination must be made in accordance with subsection (2) or (3), or by using approved Form 1479N and making a nomination at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth.\n    For the purposes of paragraph 2.73A(3)(b) of the Regulations, the fee which must accompany the nomination is $170.\n\n    .\n\n  \n\nPart 6 —Application\n\n#### 13 Application of this instrument\n\n  This instrument applies to applications and nominations made on or after the commencement of this instrument.\n\n  \n\nSchedule 1—Repeals\n\nForms, Fees, Circumstances and Different Way of Making an Application – IMMI 13/063\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Form and fee for application for approval as a temporary activities sponsor or variation of approval","content":"#### 8 Form and fee for application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of paragraph 2.61(3A)(ba) and subregulation 2.66(3) of the Regulations, approved Form 1478 (Internet) is specified.\n  (2) For the purposes of paragraph 2.61(3A)(c) and subregulation 2.66(4) of the Regulations, the specified fee for an application for an approval as a temporary activities sponsor, or a variation of a term of an approval as a temporary activities sponsor, is $420.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Different way of making an application for approval as a temporary activities sponsor or variation of approval","content":"#### 9 Different way of making an application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of subregulation 2.61(3B) and subregulation 2.66(5), subsection (2) specifies the way and the circumstances in which, an application for approval as a temporary activities sponsor, or for a variation of a term of an approval as a temporary activities sponsor, may be made, and the form for making such an application.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by email from an email address recognised by the Department as an official departmental email address, then the applicant may make an application:\n\n  using approved Form 1478, as provided with the authorising email; and\n  in accordance with the directions in the authorising email, by the end of the day after the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n  Part 4 —Nomination of an occupation for a subclass 457 and a subclass 482 visa","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Form and fee for nomination of an occupation (Subclasses 457 and 482)","content":"#### 10 Form and fee for nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(4) of the Regulations, approved Form 482N (Internet) is specified.\n  (2) For the purposes of subregulation 2.73(5) of the Regulations, the specified fee is $330.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Different way of making a nomination of an occupation (Subclasses 457 and 482)","content":"#### 11 Different way of making a nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(7) of the Regulations, subsection (2) specifies the way and the circumstances in which, a nomination of an occupation may be made.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make a nomination in accordance with this subsection and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au, then the applicant may instead make a nomination by:\n\n    using approved Form 482N, as provided with the authorising email; and\n    emailing the completed nomination form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email from the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an internet application for nomination; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) the nominee referred to in subregulation 2.73 of the Regulations will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s Internet application systems and the applicant is unable to make a internet application for nomination as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations.","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"section","heading":"Process for nomination of a program of occupational training for a subclass 407 visa","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018.\n  (2) This instrument may be cited as IMMI 18/038.\n\n#### 2 Commencement\n\n  (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:5.35pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement information</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 3</span></p></td></tr><tr><td style=\"width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions</span></p></td><td style=\"width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement</span></p></td><td style=\"width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style=\"width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style=\"width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span><span> </span><span>March 2018</span></p></td><td style=\"width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span></span></p></td></tr></tbody></table>\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n  (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions in the Migration Regulations 1994:\n\n  subparagraph 2.61(3A)(b)(i);\n  subparagraph 2.61(3A)(b)(ii);\n  paragraph 2.61(3A)(c);\n  paragraph 2.61(3A)(ba);\n  paragraph 2.61(3B)(a);\n  subregulation 2.66(3);\n  subregulation 2.66(4);\n  paragraph 2.66(5)(a);\n  subregulation 2.73(4);\n  subregulation 2.73(5);\n  paragraph 2.73(7)(a); and\n  subregulation 2.73A(2).\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (a) Internet application; and\n    (b) standard business sponsor.\n  In this instrument:\n\n> Act means the Migration Act 1958.\n\n> Department means the Department of Home Affairs.\n\n> affected visa applicant, in relation to an application for approval as a sponsor, means a visa applicant or visa holder whom the person applying for approval intends to nominate if they are approved as a sponsor.\n\n> officer has the meaning given by subsection 5(1) of the Act.\n\n> Regulations means the Migration Regulations 1994.\n\n> unlawful non-citizen has the meaning given by section 14 of the Act.\n\n#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n  \n\n#### Part 2 —Sponsorship applications – standard business sponsor\n\n#### 6 Form and fee for application for approval as a standard business sponsor\n\n  (1) For the purposes of subparagraph 2.61(3A)(b)(i) of the Regulations, approved Form 482SR (Internet) is specified.\n  (2) For the purposes of subparagraph 2.61(3A)(b)(ii) of the Regulations, approved Form 482S (Internet) is specified.\n  (3) For the purposes of paragraph 2.61(3A)(c) of the Regulations, the specified fee for an application for an approval as a standard business sponsor is $420.\n\n#### 7 Different way of making an application for approval as a standard business sponsor\n\n  (1) For the purposes of subregulation 2.61(3B) of the Regulations, subsection (2) specifies the way, and the circumstances in which, an application for approval as a standard business sponsor may be made.\n  (2) If subsection (3) or (4) applies and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au; then the applicant may make an application by:\n\n    using the approved Form 482S, as provided with the authorising email; and\n    emailing the completed application form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email sent by the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 3 —Sponsorship applications and applications for variation of approval – temporary activities sponsor\n\n#### 8 Form and fee for application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of paragraph 2.61(3A)(ba) and subregulation 2.66(3) of the Regulations, approved Form 1478 (Internet) is specified.\n  (2) For the purposes of paragraph 2.61(3A)(c) and subregulation 2.66(4) of the Regulations, the specified fee for an application for an approval as a temporary activities sponsor, or a variation of a term of an approval as a temporary activities sponsor, is $420.\n\n#### 9 Different way of making an application for approval as a temporary activities sponsor or variation of approval\n\n  (1) For the purposes of subregulation 2.61(3B) and subregulation 2.66(5), subsection (2) specifies the way and the circumstances in which, an application for approval as a temporary activities sponsor, or for a variation of a term of an approval as a temporary activities sponsor, may be made, and the form for making such an application.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and\n  the authorisation in paragraph (a) is sent by email from an email address recognised by the Department as an official departmental email address, then the applicant may make an application:\n\n  using approved Form 1478, as provided with the authorising email; and\n  in accordance with the directions in the authorising email, by the end of the day after the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) an affected visa applicant will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s systems that allow Internet applications to be made and the applicant is unable to make an Internet application as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the application is not prevented by the Act or the Regulations.\n\n  \n\n  Part 4 —Nomination of an occupation for a subclass 457 and a subclass 482 visa\n\n#### 10 Form and fee for nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(4) of the Regulations, approved Form 482N (Internet) is specified.\n  (2) For the purposes of subregulation 2.73(5) of the Regulations, the specified fee is $330.\n\n#### 11 Different way of making a nomination of an occupation (Subclasses 457 and 482)\n\n  (1) For the purposes of subregulation 2.73(7) of the Regulations, subsection (2) specifies the way and the circumstances in which, a nomination of an occupation may be made.\n  (2) If subsection (3) or (4) applies, and if:\n\n  an officer has sent an authorisation for a person (the applicant) to make a nomination in accordance with this subsection and\n  the authorisation in paragraph (a) is sent by an email from e482.Manual.Lodgement@homeaffairs.gov.au, then the applicant may instead make a nomination by:\n\n    using approved Form 482N, as provided with the authorising email; and\n    emailing the completed nomination form to e482.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and\n    including in the email, a copy of the authorising email from the Department and the name and position number of the officer who sent the authorising email.\n\n  (3) This subsection applies if:\n    (a) the Department has identified a problem with its Internet application systems; and\n    (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an internet application for nomination; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations; and\n    (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department; and\n    (e) the nominee referred to in subregulation 2.73 of the Regulations will become an unlawful non-citizen on, or before, the next business day.\n  (4) This subsection applies if:\n    (a) a problem is identified by the Department with the Department’s Internet application systems and the applicant is unable to make a internet application for nomination as a result of that problem; and\n    (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and\n    (c) electronic lodgement of the nomination is not prevented by the Act or the Regulations.\n\n  \n\n#### Part 5 —Process for nomination of a program of occupational training for a subclass 407 visa\n\n#### 12 Process for nomination of a program of occupational training (Subclass 407)\n\n  (1) For the purposes of subregulation 2.73A(2) of the Regulations, subsections (2) to (5) specify the process for nominating a program of occupational training.\n\n  Subject to subsections (3) and (4), for the purposes of 2.73A(3)(a) of the Regulations, a nomination must be made as an Internet application using approved Form 1479N (Internet).\n  If an officer has, by email sent from an email address recognised by the Department as an official departmental email address, authorised a person (the applicant) to make a nomination in accordance with this subsection, the applicant may instead make a nomination by:\n\n    for the purposes of 2.73(3)(a) of the Regulations, using approved Form 1479N; and\n    making a nomination, in accordance with the directions by the Department in the authorising email, by the end of the day after the day the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n    If the applicant is outside Australia, a nomination must be made in accordance with subsection (2) or (3), or by using approved Form 1479N and making a nomination at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth.\n    For the purposes of paragraph 2.73A(3)(b) of the Regulations, the fee which must accompany the nomination is $170.\n\n    .\n\n  \n\nPart 6 —Application\n\n#### 13 Application of this instrument\n\n  This instrument applies to applications and nominations made on or after the commencement of this instrument.\n\n  \n\nSchedule 1—Repeals\n\nForms, Fees, Circumstances and Different Way of Making an Application – IMMI 13/063\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Process for nomination of a program of occupational training (Subclass 407)","content":"#### 12 Process for nomination of a program of occupational training (Subclass 407)\n\n  (1) For the purposes of subregulation 2.73A(2) of the Regulations, subsections (2) to (5) specify the process for nominating a program of occupational training.\n\n  Subject to subsections (3) and (4), for the purposes of 2.73A(3)(a) of the Regulations, a nomination must be made as an Internet application using approved Form 1479N (Internet).\n  If an officer has, by email sent from an email address recognised by the Department as an official departmental email address, authorised a person (the applicant) to make a nomination in accordance with this subsection, the applicant may instead make a nomination by:\n\n    for the purposes of 2.73(3)(a) of the Regulations, using approved Form 1479N; and\n    making a nomination, in accordance with the directions by the Department in the authorising email, by the end of the day after the day the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given).\n\n    If the applicant is outside Australia, a nomination must be made in accordance with subsection (2) or (3), or by using approved Form 1479N and making a nomination at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth.\n    For the purposes of paragraph 2.73A(3)(b) of the Regulations, the fee which must accompany the nomination is $170.\n\n    .\n\n  \n\nPart 6 —Application","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Application of this instrument","content":"#### 13 Application of this instrument\n\n  This instrument applies to applications and nominations made on or after the commencement of this instrument.\n\n  \n\nSchedule 1—Repeals\n\nForms, Fees, Circumstances and Different Way of Making an Application – IMMI 13/063\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":16}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2136},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument maintains its original scope of prescribing forms, fees, and lodgement methods for sponsorship and nomination applications under specified visa subclasses. It replaces a previous instrument (IMMI 13/063) without expanding into new substantive areas."},"complexity_factors":["Nested conditional logic for manual lodgement exceptions requiring 5-part tests (ss 7(3), 9(3), 11(3))","Cross-references to 11 distinct provisions of the Migration Regulations 1994","Multiple prescribed forms (5 distinct form numbers: 482SR, 482S, 1478, 482N, 1479N)","Time-critical compliance requirements (same-day or next-day lodgement deadlines)","Technical distinctions between visa subclasses (407 training vs 457/482 work visas)"],"plain_english_summary":"This instrument tells employers which online forms to use and the fees to pay when sponsoring temporary Australian workers (subclasses 407, 457 and 482) and sets a manual-lodgement backup if the Department’s system fails and a visa-holder risks becoming unlawful. It specifies requirements for authorised email lodgement and timeframes, and replaces the prior instrument IMMI 13/063."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces IMMI 13/063 (Schedule 1) and narrows the practical lodgement and cost framework by: (a) specifying the exact approved internet forms to be used for each sponsor/nomination type (Forms 482SR, 482S, 1478, 482N, 1479N: ss6(1)-(2), 8(1), 10(1), 12(2)); (b) fixing fees ($420 for sponsor applications and variations: ss6(3), 8(2); $330 for 457/482 nominations: s10(2); $170 for 407 training nominations: s12(4)); and (c) adding conditional, officer‑authorised manual electronic lodgement routes if the Department’s internet systems fail, with tight timing and evidentiary requirements (ss7(2)–(4), 9(2)–(4), 11(2)–(4), 12(2)–(3)). Commencement and application timing are set from 18 March 2018 and apply to applications/nominations made on or after commencement (s2; s13). The net effect shifts procedural obligations onto applicants to use specified forms/fees and meet strict timing when relying on the contingency email process, while vesting discretion in departmental officers to permit manual lodgement (see ss7, 9, 11, 12)."},"complexity_factors":["Multiple application streams covered: standard business sponsor, temporary activities sponsor, occupation nominations and 407 training nominations (ss6, 8, 10, 12).","Specification of particular approved internet forms and distinct fees for different application types (s6(1)-(3); s8(1)-(2); s10(1)-(2); s12(3)-(4)).","Contingency manual-lodgement pathways conditioned on several factual triggers and timing constraints (end of day or next business day), increasing operational detail (s7, s9, s11, s12).","Delegated discretion to departmental officers to authorise manual lodgement via specified departmental email addresses — creates case-by-case decision points (s7(2), s9(2), s11(2), s12(2)).","Cross-references to the Migration Act and Migration Regulations for defined terms and limits (s3, s4), which requires reading across instruments.","Repeal of prior instrument increases regime-change risk for users who relied on earlier rules (Schedule 1).","Strict documentary and procedural compliance required when manual lodgement is authorised (must include authorising email, officer name/position and meet time limits) (s7(2), s11(2))."],"plain_english_summary":"This instrument specifies the exact online forms and fees required for sponsor approvals and nominations for subclasses 407, 457 and 482, and it repeals the prior instrument. It also creates a contingency procedure that lets the Department authorise manual electronic lodgement (by email) if its online systems fail — subject to specified officer authorisation and strict timing conditions — affecting businesses seeking to sponsor and the visa applicants they nominate."}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-038-sponsorship-applications-and-nominations-for-subclasses-407-457-and-482-visas-","history":"/api/acts/migration-immi-18-038-sponsorship-applications-and-nominations-for-subclasses-407-457-and-482-visas-/history","analysis":"/api/acts/migration-immi-18-038-sponsorship-applications-and-nominations-for-subclasses-407-457-and-482-visas-/analysis","conflicts":"/api/acts/migration-immi-18-038-sponsorship-applications-and-nominations-for-subclasses-407-457-and-482-visas-/conflicts","importantCases":"/api/acts/migration-immi-18-038-sponsorship-applications-and-nominations-for-subclasses-407-457-and-482-visas-/important-cases","documents":"/api/acts/migration-immi-18-038-sponsorship-applications-and-nominations-for-subclasses-407-457-and-482-visas-/documents"}}